# Lancaster County, SC - Court of Common Pleas - Judgment Roll 444 | | | |---|---| | **Case** | Robert Love v. Glass Caston & Samuel Caston | | **Dates** | 1804-1809 | | **Roll** | Box 12, Roll 444 | | **Pages in source images** | 15 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 444 (Box 12). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image files: folder [444](444/), 15 photographs). ## Disclaimer This transcription was made using AI (Claude, by Anthropic) from photographs of the original court papers. It is an attempted transcription, not a certified copy. Faded ink, difficult handwriting, torn folds and damaged pages make some readings uncertain, and errors are possible. Check the original images before relying on any reading. ## Transcription conventions - Original spelling, capitalization and abbreviations are kept as written. - `[?]` = uncertain reading; `[illegible]` = could not be read; `[blank]` = a space left empty on the original. - `[struck: ...]` = printed or written text that is lined through on the original. - `[...]` and *[italic bracketed notes]* = editorial explanations added by the transcriber; `[letters]` inside a word = letters supplied to expand an abbreviation. - On printed forms, handwritten fill-ins are shown in ***bold italics*** where it helps to tell them apart from the printed text. - "Img." numbers refer to the photographs in the roll's image folder, in file-name order, which is not always the order the papers were written in. **Notes on these images:** - Many sheets were photographed sideways or upside down and were rotated for reading. - Img. 3 shows the last page of the declaration together with the docket cover (Img. 1). Imgs. 6 and 7 are two photographs of the same judgment. Imgs. 11 and 13 are two photographs of the back of the original writ, and Img. 12 is its front, the same sheet as Img. 10. - The right edge of the original writ (Imgs. 10, 12) is torn away; words supplied from the declaration are in square brackets. - The judgment form is printed for a writ of enquiry; the term and year written at its head are faint. ## Transcription **Img. 1 (and Img. 3, right) - Docket cover of the declaration, with bill of costs** > [Right panel:] > Roll [struck: 10] > Lancaster District > B12 R 444 > > Robert Love > Roll 19 > vs } Declaration in Assumpt > Glass Caston > Samuel Caston > > W. Ross atty > > Filed February 1st 1808 > Rule posted the same day > > Ordered for Judgment April 11th 1808 > > We finde for the plaintiff the Sum of Two hundred & twenty four Dols. principal & Interest > Joseph Doby foreman > > Judgt. ent. up 27th May 1809 > > Blanding - > > [Left panel:] > Henry Love > > Attys tax costs > Writ - L1- > Declon - 1.5 > 2 Sub[poena]s [?] - .10 > Jury - .5 > Judg & Execution - 1.5 > L4.5 > Equal to 18.21 > Clerks Costs - 8.50 > Shffs - 3.32 > 30..03 *["Henry Love" at the head of the costs is the witness; see the subpoena below.]* --- **Imgs. 2-3 - Declaration, with copies of the two notes** > South Carolina } To wit > Lancaster District } > > Glass Caston and Samuel Caston were attached to answer to Robert Love in a plea of Trespass on the case and so forth; and also for Certain promises and assumptions by the said Glass and Samuel to the said Robert made and not performed, to the damage of the said Robert Five hundred dollars. And thereupon the said Robert by William Ross his Attorney Complains for that whereas the said Glass and Samuel on the fourth day of October in the year of our Lord one thousand Eight hundred and four, at Lancaster Court house in the District and State, and within the Jurisdiction of this Court made their Certain Note in writ[ing] subscribed with their own hand commonly called a promissory Note bearing date the same day and year aforesaid, by which said Note they the said Glass and Samuel promised to pay the said Robert or his order the Sum of [Two hundred and] fifteen Dollars on or before the twenty fifth day of December in the year of our Lord one thousand Eight hundred and five for Value Recd. by them the said Glass and Samuel, by reason whereof and also force of the Statute in such Case made and provided the said Glass and Samuel became liable to pay to the said Robert the said Sum of Two hundred and fifteen Dollars in the said Note mentioned, according to the tenor and effect of the said Note. And being so liable they the said Glass and Samuel in consideration thereof afterwards that is to say on the same day and year aforesaid at Lancaster Court house aforesaid in the District and State aforesaid and within the Jurisdiction of this Court, undertook and then and there faithfully promised the said Robert, that they the said Glass and Samuel, would well and truly pay to the said Robert the said Sum of Two hundred and fifteen Dollars, in the said Note mentioned according to the tenor and effect of the said Note. > > And whereas also the said Glass [Caston] and Samuel Caston, afterwards [to wit] on the fourth day of October in the year of our Lord one thousand Eight hundred and four, at Lancaster Court house in the District and State aforesaid, made their certain other Note in Writing, with their own hand being thereunto subscribed commonly called a promissory Note bearing date the Same day and year aforesaid by which said last mentioned the said Glass and Samuel promised to pay to the said Robert the sum of Two hundred, and fifteen Dollars, on or before the fifteenth Day of December in the year of our Lord one thousand Eight hundred and six, for value Recd. by them the said Glass and Samuel, by reason whereof and also by force of the Statute in such case made and provided the said Glass and Samuel became liable to pay to the said Robert the said Sum of Two hundred and fifteen dollars in the said Note mentioned, according to the tenor and effect of the said Note. And being so liable they the said Samuel and Glass, in consideration thereof afterwards that is to say on the same day and year last above mentioned, at Lancaster Court house in the District and State aforesaid, and within the Jurisdiction of this Court, undertook and then and there faithfully promised the said Robert that they the said Glass and Samuel would well and truly pay to the said Robert the said Sum of Two hundred and fifteen dollars in the said Note mentioned according to the tenor and effect of the said Note. > > Nevertheless the said Glass and Samuel not at all regarding their said several promises and assumptions so made as aforesaid, but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said Robert in this behalf hath not paid the said several sums of Money to the said Robert or him for th[e] same in any manner satisfied, altho so to do they the said Glass and Samuel afterwards that is to say on the same day and year aforesaid and often after at Lancaster Court house aforesaid in the District and State aforesaid was requested by the said Robert, but the said Glass and Samuel hath hitherto intirely refused and still doth refuse to pay the same to the said Robert, to the damage of the said Robert five hundred Dollars, and therefore he brings Suit and so forth. > > Wm. Ross P. Atty > > Copy notes > > We or either of us do promise to pay unto Robert Love or his order the Just sum of Two hundred and fifteen dollars to be paid on or before the Twenty fifth day of December in the year 1805, for Value Recd. this 4th day of October 1804. > Test Glass Caston > Henry Love Saml. Caston > > Cr. > Recd. this day forty three dollars of the within note this 8th day Feby 1806 > Recd. this day One hundred dollars of the within note this tenth day April 1807 > > We or either of us do promise to pay unto Robert Love or his order the Just sum of Two hundred and fifteen dollars to be paid on or before the Twenty fifth day of December in the year 1806 for Value Recd. this 4th day of October 1804 > Test Glass Caston > Henry Love Saml. Caston *[A tear runs through the line giving the amount of the first note; the amount is supplied from the copy. The declaration gives the second note's due date as the fifteenth of December 1806; the note itself says the twenty-fifth.]* --- **Img. 14 - The two original promissory notes** > [Left note:] > We or Either of us do promise to pay unto Robert Love or his order the Just Sum of Two hundred and fifteen Dollars to be paid on or before the Twenty fifth day of December year 180[struck: 6] 5 for Value Recd. this 4th day of October 1804 > Test Glass Caston > Henry Love Saml. Caston > > [Right note:] > We or Either of us do promise to pay unto Robert Love or his order the Just Sum of two hundred and fifteen dollars to be paid on or before the Twenty fifth day of December year 1806 for Value Recd. this 4th day of October 1804 > Test Glass Caston > Henry Love Saml. Caston **Img. 15 - Backs of the two notes** > [First note:] > Received this Day forty three dollars of the within note > this 8 Day of February 1806 > Recd. this Day one hundred dollars of the within note this tenth day April 1807 > > Sued 19th Sepr 1807 > > [Second note:] > Needom Cato Witness > > this one sued 19th Sepr 1807 - both in One *[The first payment line is faint.]* --- **Img. 12 (and Img. 10) - Original writ (printed form; right edge torn away)** > THE STATE of SOUTH-CAROLINA. > ***Lancaster District*** To all and singular the Sheriffs of the said State, GREETING. > > YOU, and each of you, are hereby commanded without delay, to ***Attach the Bodies of Glass Caston & Samuel Caston*** wheresoever ***they*** may be found within your and each of your respective districts, so that you compel ***them*** to be and appear before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at ***Lancaster*** Court-House, in and for the district of ***Lancaster*** on the ***second*** Monday ***after the fourth Monday in October*** next, to answer to ***Robert Love in a Plea of Trespass on the Case and so forth and also for Certain promises and assumptions by the said Glass and Samuel to the said Robert made and not performed to the damage of the said Robert five hundred Dollars*** > > And have you there this writ, before the clerk of the said court, fifteen days next before the sitting of the said court. > > WITNESS the honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-House, the ***second*** Monday after the fourth Monday in ***March*** in the year of our Lord, one thousand eight hundred and ***Seven*** and in the [struck: thirty] ***thirty first*** year of the Sovereignty and Independence of the United States of America. > > ***W. Ross*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson C.C.P. **Imgs. 11 and 13 - Back of the original writ (endorsements)** > [Left panel:] > Entered in my Office > 1st Sept 1807 [?] > Thos. Lee [S.L.D.] > > [Center panel:] > Lancaster District > Robert Love > vs } Writ in Assumpsit > Glass Caston & > Saml. Caston > > Wm. Ross Atty > > 274 > 30.3 > 304.3 > > [Right panel:] > I have by Abram Perry my Lawfull Deputy Served Personally Each of the within named Defendants with a true Copy of this Writ with the Legal notice thereon Endorsed Pursuant to an act of General assembly > Thos. Lee Shff *[The figures 274 + 30.3 = 304.3 do not match the verdict of $224 and costs of $30.03; 224 + 30.03 = 254.03.]* --- **Img. 4 - Plea and joinder** > Glass Caston & > Saml. Caston > ads } Asspt. > Robert Love > > And the said Glass Caston & Samuel Caston by Abram Blanding their attorney come & defend the force and injury when and so forth & say that they did not promise & assume in manner & form as the said Robert in his declaration hath thereof above against him complained and of this he puts himself upon the country > Blanding > [struck: Defts Atty] > > And the Robert Love by Caleb Clarke his atty doth so likewise > Clark Plffs Atty --- **Img. 8 - Subpoena to Henry Love (printed form)** > SOUTH-CAROLINA, } THE STATE OF SOUTH-CAROLINA. > ***Lancaster*** District. } > > TO ***Mr. Henry Love*** > > YOU, and each of you, are hereby strictly required and firmly enjoined, that all business being laid aside and all excuses ceasing, you do, in your proper person, appear before the Associate Judges of the Court of ***Common Pleas*** to be holden at ***Lancaster Court House in and for the District of Lancaster on the second Monday after the fourth Monday in March*** next, then and there to testify the truth, according to your knowledge, in a certain cause now depending and to be tried, between ***Robert Love*** Plaintiff, and ***Glass Caston & Samuel Caston*** Defendant, on the part and behalf of the ***Plff*** > > Herein fail not, on pain of the forfeiture of Ten Pounds Proclamation Money, as well as the consequences that may fall thereon. > > WITNESS the Honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster Court House*** the ***second*** Monday after the fourth Monday in ***October*** in the Year of our Lord one thousand eight hundred and ***eight*** and in the ***thirty third*** Year of the Sovereignty and Independence of the United States of America. > > ***Clark Plff Atty*** > > [Left margin:] Jno. Simpson Clerk **Img. 9 - Back of the subpoena** > Entered in my Office 23rd > February 1809 > Perry S.L.D. > > Lancaster District > Robert Love > vs } Sub[poena] > Glass Caston & > Saml. Caston > > Clarke > Plff Atty > > Letter [?] > Henry Love > > Del[ivere]d --- **Imgs. 6-7 - Judgment (printed form, judgment by default with writ of enquiry)** > ***[illegible]*** TERM, 180***9 [?]*** > > And now at this day, to wit, the ***second*** Monday after the ***fourth*** Monday in ***March*** in the year of our Lord one thousand eight hundred and ***[nine?]*** for the district of ***Lancaster*** before the Judges of the Court of Common Pleas, at ***Lancaster Court House*** to which time the said ***Glass Caston and Samuel Caston*** had leave to answer to the aforesaid Declaration, came the said ***Robert Love*** by ***his*** attorney aforesaid, and pray that the said ***Glass Caston and Samuel Caston*** to the Declaration aforesaid may answer: and the said ***Glass Caston and Samuel Caston*** although solemnly required, do not come nor say any thing in bar or preclusion of the action aforesaid, of the said ***Robert Love*** but had made default, whereby the said ***Robert Love*** remain thereof undefended against the said ***Glass Caston and Samuel Caston***: WHEREFORE the said ***Robert Love*** ought to recover against the said ***Glass Caston and Samuel Caston his*** damages sustained by reason of the premises, but because it is unknown to the Court what damages the said ***Robert Love*** hath sustained by reason of the premises: THEREFORE it is commanded that the Sheriff of ***Lancaster*** district do summon Forty-eight good and lawful men, which had been drawn by ballot, pursuant to the Act of the General Assembly in that case made and provided, to be and appear immediately before the Justices aforesaid, to make a Jury according to the Act of the General Assembly in such case made and provided, to enquire what damages the said ***Robert Love*** hath sustained by reason of the premises: WHEREUPON the Sheriff aforesaid having made due return of the Writ of Enquiry aforesaid, in form aforesaid; and the Jurors thereby summoned, impannelled and sworn pursuant to the Act of the General Assembly first aforesaid, to wit, ***John [sic] Doby foreman***, having found that the said ***Robert Love*** hath sustained damage by reason of the premises, besides ***his*** costs and charges about ***his*** suit in this behalf expended, to ***two hundred and twenty four dollars*** > > THEREFORE it is considered that the said ***Robert Love*** do recover against the said ***Glass Caston and Samuel Caston his*** damages so found by the Jurors aforesaid, and also ***Thirty Dollars and three Cents*** for ***his*** costs and charges about ***his*** suit in this behalf expended to the said ***Robert Love*** by the Court now here, with ***his*** assent adjudged, which damages, costs and charges amount in the whole to ***Three [?] hundred and four Dollars & three Cents*** > > and be the said ***Glass Caston and Samuel Caston*** in mercy, and so forth. > > [Top margin:] Judgment entered up and signed May 27th 1809 > Jno. Simpson Clerk > > [Lower left:] Clark P[lff] Atty *[The docket cover names the foreman Joseph Doby. $224 plus $30.03 is $254.03, not the total written in the judgment, which agrees instead with the figures on the back of the writ.]* **Img. 5 - Back of the judgment** > Lancaster District > Robert Love > vs } Judgment in Asspt [?] > Glass Caston & > Saml. Caston > > Clark > Pl[ff] Atty *[This endorsement is faint; the printed judgment form shows through from the other side.]*